Hydroxycut False Ad Claims Must Be Clarified, Judge Says
Law360, New York (January 28, 2014, 6:09 PM EST) -- A California judge on Monday gave purchasers of the recalled weight-loss supplement Hydroxycut a chance to firm up claims that nine retailers colluded in a false advertising campaign, but warned that the retailers aren't secondarily liable for simply repeating the manufacturer's statements.
U.S. District Judge Barry Ted Moskowitz determined that the plaintiffs' claims under the consumer protection laws of more than 40 states were doomed unless they could show that the retailers directly participated in or controlled ads allegedly touting Hydroxycut as a safe and effective fat burner.
The plaintiffs have picked up their case against Hydroxycut maker Iovate Health Sciences...
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